HF 2322

as introduced - 91st Legislature (2019 - 2020) Posted on 03/11/2019 02:54pm

A bill for an act
relating to elections; prohibiting the conduct of special primaries and special
elections on certain days; amending Minnesota Statutes 2018, sections 204D.19,
subdivision 2; 204D.195.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 204D.19, subdivision 2, is amended to read:

Subd. 2.

Special election when legislature will be in session.

Except for vacancies in
the legislature which occur at any time between the last day of session in an odd-numbered
year and the 40th day prior to the opening day of session in the succeeding even-numbered
year, when a vacancy occurs and the legislature will be in session so that the individual
elected as provided by this section could take office and exercise the duties of the office
immediately upon election, the governor shall issue within five days after the vacancy occurs
a writ calling for a special election. The special election shall be held as soon as possible,
consistent with the notice requirements of section 204D.22, subdivision 3, but in no event
more than 35 days after the issuance of the writ. deleted text begin A special election must not be held during
the four days before or the four days after a holiday as defined in section 645.44, subdivision
5.
deleted text end

Sec. 2.

Minnesota Statutes 2018, section 204D.195, is amended to read:

204D.195 DATE OF SPECIAL ELECTION; CERTAIN TIMES PROHIBITED.

Notwithstanding any other provision of law, a special primary and special general election
may not be held new text begin :
new text end

new text begin (1) new text end for a period beginning the day following the date of the state primary election and
ending the day prior to the date of the state general election deleted text begin . deleted text end new text begin ; or
new text end

new text begin (2) on a holiday, or during the four days before or the four days after a holiday, as defined
in section 645.44, subdivision 5.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective the day following enactment and apply to special elections
for vacancies in office occurring on or after that date.
new text end